Agenda item

To consider the report of the Chief Officer (Elections and Regulatory) advising Members that West Yorkshire Police have served the licensing authority an application under Section 53A of the Licensing Act 2003 for a Summary Review of a premises licence. The application was served on the 30^th July 2019.

The Chief Officer (Elections and Regulatory) submitted a report that advised Members that West Yorkshire Police had served the licensing authority an application under Section 53A of the Licensing Act 2003 for a Summary Review of a premises licence. The application was served on the 30th July 2019.

The application requested that the licensing authority consider immediate suspension of the licence.

The following were in attendance:

-  PC Cath Arkle, West Yorkshire Police

-  Mr Bassue, the premises licence holder

At the outset of the hearing, Mr Bassue informed the Sub-Committee that he would like the hearing to be adjourned to a future date so that he could seek legal advice. The legal officer advised that the hearing was required to take place within two days of the application from West Yorkshire Police, and therefore it would not be possible to adjourn. The legal officer also noted that Interim Steps hearings did not require the attendance of the licence holder, however the licence holder was invited to contribute to the hearing out of courtesy. On this basis, the Sub-Committee refused the application for adjournment and proceeded with the hearing.

PC Arkle addressed the Sub-Committee, providing some background to the circumstances that led to the submission of the application. PC Arkle informed Members that no complaints had been received since the premises obtained their licence in February 2019 until the incident that occurred on Sunday 28^th July 2019. Two victims had received life threatening stab wounds outside the premises during the early hours of Sunday 28^th July 2019, one of whom was 17 years old, following an alteration inside the premises. The suspects were still outstanding and the case was being treated as attempted murder. Members were informed that there had been a number of breaches to the premises under Section 136 of the Licensing Act 2003, which had been revealed as a result of the incident. PC Arkle advised that the premises was open beyond hours set out within their licence, and that persons under the age of 18 were permitted access to the premises. Additionally, the Sub-Committee were informed that a broken bottle from the premises was used during the incident, and that no glass bottles were permitted outside of the premises. Members were also informed that there had been some difficulty gaining access to the CCTV recording of the incident. PC Arkle reiterated that the investigation was still live, and that further incidents and acts of retribution at the premises were likely. Therefore, PC Arkle requested that the Sub-Committee immediately suspend the premises licence in the interests of public safety.

Mr Bassue addressed the Sub-Committee, advising Members that a private party was held on Saturday 27^th July 2019 and that the two persons aged under 18 were not invited to the party and had not been allowed entry, but had managed to gain access later in the evening. Mr Bassue informed Members that plastic cups were used on the premises, and felt that the broken bottle reported could not be from the premises.

The Sub-Committee carefully considered the information submitted, both written and oral, and

RESOLVED – That the premises licence be suspended with immediate effect.